For the first time in 16 years, Jamaica is to have a new director of public prosecutions (DPP) with an interim director to be appointed today.
The development comes as the longstanding DPP, Paula Llewelyn, who was appointed in March 2008 and who had previous extensions to her tenure, reportedly decided to step aside.
Her decision follows last Friday’s bombshell ruling by the Constitutional Court that a second extension granted to her by the Andrew Holness-led Administration, following an amendment to the Jamaican Constitution, was unconstitutional.
The court validated an amendment to the Constitution in July last year, which raised the retirement age for the DPP from 60 to 65 years, determining it to be valid. However, it struck down a provision that allowed Llewellyn to choose to continue in office as “unconstitutional, null and void and of no legal effect”.
The 63-year-old Llewelyn had previously been granted an extension when she turned 60.
The Public Service Commission (PSC) will name the interim DPP today, its first order of business after it was reconvened on Sunday after its tenure had expired on March 31.
According to a news release from the Dr Derrick McKoy-led Attorney General’s chambers on Sunday, the ambiguity arising from the court’s ruling has necessitated Llewellyn stepping aside.
“Due to the ambiguity and the consequent uncertainty arising from the Full Court’s judgment in Paulwell and Bunting v the Attorney General SU 223 CV 02499, the Director of Public Prosecutions has advised that she is unable to carry out the functions of her office at this time,” the release stated.
The Attorney General’s chambers also reiterated that in accordance with section 96 (3) of the Constitution, the office would be appealing the Full Court’s decision.
The AG had insisted on Friday that the court ruling had no impact on Llewellyn’s status as DPP, signalling that she would have remained in office while the appeal took place. Now the chambers said the PSC will be invited to appoint a qualified person to act in the role of DPP.
It emphasised: “After careful consideration of the judgment and in the public interest, the Attorney General will be appealing the Full Court’s decision immediately, to have the issues resolved and determined by the Court of Appeal.”
Legal scholars had warned that the country faced a constitutional crisis, in that any decisions made by Llewellyn since the April 19 ruling could be dismissed as invalid. Prosecutors in her office were reportedly left in limbo, uncertain as to whether they could properly carry out their duties when the courts open Monday morning.
Earlier on Sunday, Opposition Leader Mark Golding had called for the resignations of both the attorney general and Justice Minister Delroy Chuck, over the DPP issue.
Specifically, Golding charged that statements issued by both men on Friday that Llewellyn’s status was not affected by the court ruling brought Jamaica to the edge of a constitutional crisis.
“Their actions have fatally undermined their credibility as holders of those important offices,” Golding said in a statement.
He added: “The continuation of Llewellyn in her post beyond her lawful term is not only unconstitutional but also a grave misstep in governance,.
“If the Government adamantly insists on the former DPP continuing to purport to hold that office, her actions would not be validated by law, which would plunge the country into a deeper crisis,” he said.
